Saturday, June 7, 2014

IT'S OFFICIAL #5: Regarding the May 1st dead line

It's very interesting that CWC administration is claiming that they were blindsided by missing the May 1st deadline to file their paperwork regarding the co-location at Stoner Elementary. They would have been well aware of this deadline because it is a important part of the law that governs charter co-locations, heck, even I knew about the May 1 deadline.

  On February 4, LAUSD released a letter to the Stoner ES community in response to the 188 petitions sent to the district the week before. The letter was about the Prop 39 process and listed important dates including the May 1st deadline. The letter also mentions a February 10 meeting where LAUSD again explained the co-location process and dates were outlined. At this point in time we were being told that the charter would stay and this was the process.

    These dates are not arbitrary or flexible dates chosen by LAUSD, but they are dates set out in the California Code of Regulations: Title 5. Education, Division 1. California Department of Education, Chapter 11. Special Programs, Subchapter 19. Charter Schools, Article 3. Facilities for Charter Schools, Section 11969.9 Procedures and Timeline for the Request for, Reimbursement for, and Provisions of, Facilities.

 Specifically, 5 CCR 11969.9(i) states:  "The charter school must notify the school district in writing whether or not it intends to occupy the offered space. This notification must occur by May 1 or 30 days after the school district notification pursuant to subdivision (h), whichever is later. The charter school's notification can be withdrawn or modified before this deadline. After the deadline, if the charter school has notified the school district that it intends to occupy the offered space, the charter school is committed to paying the pro rata share amount as identified. If the charter school does not notify the school district by this deadline that it intends to occupy the offered space, then the space shall remain available for school district programs and the charter school shall not be entitled to use facilities of the school district in the following fiscal year."

   So, it clearly states that the charter school must reply in writing to the final offer by May 1. If the charter does not reply by the deadline, the space remains available for the school district and the charter school will not be entitled to use the facilities.

    So, there you have it. CWC did not comply with the law and respond by the deadline, therefore, they are not entitled to the facilities. The space will remain available for Stoner. All other arguments are moot.

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